Hit By a Vehicle While Jaywalking: Can I Sue?

In many cases where a pedestrian was hit by a driver, negligence comes into question. Was the person driving recklessly and struck you? If so, they may be held liable due to causing you injuries and realistic damages. Negligence is very serious and is committed when somebody fails to act reasonably, which can cause harm to another person. Jaywalking can cause some issues in a case because the courts may view the pedestrian in a negligent manner if they were also not following the rules of the road. A driver may attempt to use a defense in a case where jaywalking was at play because they may claim that the victim contributed to their own injuries.

Contributory Negligence at Play

If the court finds the plaintiff to be even slightly at fault, the case will fall apart. Contributory negligence will make it so that the driver is not at all responsible for the accident because liability will not be found. Let’s say that a driver is adjusting their radio and talking on the phone when, out of nowhere, they hit a pedestrian. You would say that the driver would be totally at fault, right? However, this is not the case because the pedestrian was still jaywalking, which contributed to the accident.

Comparative Fault 

You will probably find that, in your case, the judge will use comparative fault. This means that they will look at the degrees of fault and assign a percentage to the parties. These cases can become quite complicated, which is why you should talk to an attorney as soon as possible. Call us today for more information on how we can help you.